Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88585225 MINT(Standard Characters, see http://uspto.report/TM/88585225/mark.png) has been amended as follows:

EVIDENCE

Original PDF file:
evi_63228209210-202005261 73010214577_._20083.2_OA_ Response.pdf
Converted PDF file(s) ( 26 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 018 for beach bags, tote bags, cross body bags, backpacks
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1961329 filed 05/06/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: beach bags, tote bags, cross body bags, backpacks; cross body bagsClass 018 for cross body bags
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1961329 filed 05/06/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following:

Current:
Class 021 for cups and mugs, water bottles, water glasses
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1961329 filed 05/06/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: cups and mugs, water bottles, water glasses; cups and mugs, water bottles sold empty, water glassesClass 021 for cups and mugs, water bottles sold empty, water glasses
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1961329 filed 05/06/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following:

Current:
Class 025 for Headwear, namely, baseball Caps, toques, beanies, cap visors, caps, hats; Clothing, namely, T-shirts, Tank Tops, Hoodies, Sweatshirts, Pullover shirts, Polo Shirts, Sports Jerseys, Sweaters, Vests, Dresses, Skirts, Leggings, Pants; Footwear, namely, running shoes, slip-on shoes, flip flops, sandals; Socks, hosiery; scarves; mitts, gloves
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1961329 filed 05/06/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Headwear, namely, baseball Caps, toques, beanies, cap visors, caps, hats; Clothing, namely, T-shirts, Tank Tops, Hoodies, Sweatshirts, Pullover shirts, Polo Shirts, Sports Jerseys, Sweaters, Vests, Dresses, Skirts, Leggings, Pants; Footwear, namely, running shoes, slip-on shoes, flip flops, sandals; Socks, hosiery; scarves; mitts, gloves; mittens, glovesClass 025 for Headwear, namely, baseball Caps, toques, beanies, cap visors, caps, hats; Clothing, namely, T-shirts, Tank Tops, Hoodies, Sweatshirts, Pullover shirts, Polo Shirts, Sports Jerseys, Sweaters, Vests, Dresses, Skirts, Leggings, Pants; Footwear, namely, running shoes, slip-on shoes, flip flops, sandals; Socks, hosiery; scarves; mittens, gloves
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1961329 filed 05/06/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: MINT GREEN GROUP INC., a corporation of Canada, having an address of
      6900 Trans Canada Highway
      Pointe Claire, Quebec, H9R1C2
      Canada

Proposed: MINT GREEN GROUP INC., a corporation of Canada, having an address of
      6900 Trans Canada Highway
      Pointe Claire, Quebec, H9R1C2
      Canada
      Email Address: XXXX
Correspondence Information (current):
      RYAN E. KELLER
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@kjpip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 20083.2.
Correspondence Information (proposed):
      Ryan E. Keller
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@kjpip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rkeller@kjpip.com

The docket/reference number is 20083.2.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Ryan E. Keller/     Date: 05/26/2020
Signatory's Name: Ryan E. Keller
Signatory's Position: Attorney of record, Utah bar member

Signatory's Phone Number: 8012033546

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    RYAN E. KELLER
   KELLER JOLLEY PREECE
   SUITE 210
   1010 NORTH 500 EAST
   NORTH SALT LAKE, Utah 84054
Mailing Address:    Ryan E. Keller
   KELLER JOLLEY PREECE
   SUITE 210
   1010 NORTH 500 EAST
   NORTH SALT LAKE, Utah 84054
        
Serial Number: 88585225
Internet Transmission Date: Tue May 26 17:53:31 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X10-202005261753318
76426-88585225-710aa2adf5ba9a319ce7fa567
2f8c7b2e53c244d944fba1243640838ef68ccd8-
N/A-N/A-20200526173010214577